The Sun. — London, England, 1810-05-30 00:00:00

POETRY. The fnllowing stanzas were sung on ,Monday last at thrz2London Tavern, ,on the commemoration of the Anniversary of the Bitt - h-day pf the late Right Hon. WILLIAM PITT. WIZITTEN BY W. T. FIT;GERALD, ESQ. Though time has soften'd England's tears For P ITT, fdr ever flown ! And discorciAltives a nation's fears To rally round the Throtie : Yet grateful metn'ry sari shall ',pay A tribute tit his fame ; And ,ver consecrate this clay, To PlTr the Patriot's name! CHORUS. Then cherished be firs measures here, : Rever'd his honour!ti tame; And ever be the mem'ry dear Of PIT T, the Patriot's name ! When anarchy, on every side R ush'd like a roaring sea ; PITT stem'd the waves, and turn'd the tide For England's liberty : , True to the-People's real cause, And.to his monarch just; He scorn'd to barter for applause His high and sacred trust. Chorus. The lure of interest far above ! He spurn'd ignoble pelf; And glowing, with his Country's love, Was careless of himself! When traitors in dark council sit To . plot the kingdom's fall ; They startle at the name of Pr TT- Detested oy them all I Chorus. ,For with a flaming brand he stood, Of vice the dread and hate I But loird p the wise and good; ole Star of the State ! Einunib'd kit% s and heroes lie, The mighty and the brave ! The nun Briton oft Call cry, " Respect the Patriot's grave." • Chorus. ODE DISTRIBUTED BY ORDER. OF THE COMMITTEE, ON THE SAME OCCASIQN. WRITTEN BY MR. TAYLOR. Though Falion, with her hideous band, Attempts to shake this happy land; And act the scenes of Gaul ; the Friends of Britain still we find, This day, in solemn league combin'd, With her to stand or tall. Yes;—still in Pritain shall be found, To - that Epoch'S annual round When Heav'n sent P ITI on earth ; In union firm, a Patriot Host With grateful fervour proud to boast • Their homage to his .worth. Ilis'King, his Country, he fever'd, In him no other cares appear'd, - Warta for the gen'ral weal ; His wisdorn'turri'd aside the blow That laid surrounding Nations low, A Tyrant's Yoke to feel. and, hence, in vain shall faelious hate Strive to convulse this happy State, Where Freedom makes hvr stand ; The Shade of Purr shall still oppose Her foreign and domestic toes, Still guardian of the,land. • ANECDOTES, OF BUONAPARTE.—BUOIIapatte is so given to passion, that at times be appears mad. In his late journey to Antwerp, w hen the Deputation of Commerce and. Manufacture were introduced, he abused them in the coarsest way, called them " Fools, that they did not knoW what commerce was, that they had deceived him with their pro. , miser; but to punish them be would build a town on the other side of the river, plant 6,000 Dutch fa milies, and give it such imporiant privileges as would Cause it to become more famous than Tyre or Car tilage," He stopped . the Archbi,hop of Mechlin, who went to compliment him at the head of the Clogy, and, aid to him in a great passion, " How thirst he appear-before him with b such false lan guage -e ? that he knew their hearts, and that they refused to pray for his marriage with Louisa; that if they had their deserts, they ought to have a stone tied to their necks, and be thrown into the Scheldt ;- but if that were done, they Were aussi retes to think they died mart - yrs. Letters from Holland, dated the 25thinst confirm the report of the stridness of the French, in that quarter. They have begun to seize on colonial-pro duce'm Der-trick and other towns, which is ordered to be sent to. Antwerp to be sold. The wit iter says, that Amsterdam and Rotterdam pave the appear at,ce of a camp ; several of the large buildings have been convected into stabling for the-horses, and in all the houses troops are lodged. They seize vessels coming in, ever in ballast, and the French privateers are toking every day six.. or seven . vessels, paying no regard to their liceihes, Muiltarel were last week so plentiful at /listings, that the retail price was a shilling for twejve, some of them weighing nearly two pounds a-fish.,- The Lottery will be drawn next' week. It is the undoulted Privilege of everjr Englishman to do wi-lt he likes with his Money, arid what bet ter •can he do than endeavour to gain Independence by adventuring in what the Laws of the Land sanc tion ; as ;ill may be so easily. interested, all are re srieft folly requesteA s y,apply to CARTER'S, 8, Char jrig-cross Icr lticq,numbers. 1 N. B. ..)6;000 may bezarned by one,Sixteenth. Lord :Holt differed from the other three Judges, and thought that. the prisoners ought to be discharg ed, on the ground of the Houie of Commons hav ing specified a certain act to be a breach of privilege, which was not so, and thereby " excluded any in tendment that they might be committed for ally. , other cause than that expressed in the warrant." —His . Lordship said; " le made no question of the' power of the House of Commons to commit; they_ might commit any 'man for offering an affront to a Member, or for a breach of privilege ; nay, they might commit for a crime, because they might im peach." Judge Powys, in giving judgment,. s tid," it is objected, that, by Magna Charta, c. 29. no man ought to be taken or imprisoned but by the Law of the Land. But to this, I answer, that' lex term is not confined to the common law, but takes in all the other laws which ate in force in this realm, as the civil and canon Law, &c. and, among the rest, the lex parliamenti. By the 28 Edw. 111. c. 3. the words lex terree, which are used , in Marna Charta, are explained by the words, due prOcess of law ; and the meaning of the statute is, that all Commit ments must be by a legal authority : And the Law of Psrliainent, is as much a law as any ; nay, if there be any superiority, this is a superior law." Judge Gould and' Judge Powell answered the same objection in a similar manner. - N. B. The Judges of the Court of Corthnon Pleas and Exchequer, unanimously agreed with the three Judges, from whom Lord H - olt had differed. 3dly. The Case of Alexander Murray, Esq,-1. Wil . son's Reports, 299. •In this case Mr. Murray, who had been commit ted to Newgate, in 1751, by the House of Corn mons, " for an high contempt of that House," was brought by Habeas Corpus before the Court i of King's Bench, and demanded to be discharged. The Court unzminmously decided, "Tharthey had no jurisdielion in the case." Judge Foster said, " The,Law of Parliament is part of the Law of t he Land, and there. wpu:d be an end of all law, if the House of Commons could not commit. fora contempt ' and :Lord Holt, though ,he differed with the other Judges, yet agreed that 'the House might commit for a contemptin the face of the House. As - for the prisoner's illness we can take no notice of it, having no po‘yer at all in this case." The prisoner was accordingly.lemanded. 4thly. The Case of Brass Crosty, Esq. Lord Mayor of IFilson's Reports, 188 ; and 2. Blackstone's Reports, 754. In this case, the Lord - Mayor, Who had been com mitted to the Tower, by the House of Commons, " for a Breach of Privilege,". was brought by Ha beas Corpus before the Court of Common Plea's, and demanded to be discharged. The Courtiunanimously decided, that he should, be remanded. Lord Chief. Justice. De Grey in giving judgMent spoke at great length. - The most material parts of his,speech are as follow : " If either myself, or any of my brothers on the Bench, had any doubt in this case, we should cer toinly have taken some time . _ to - cOnsider before we had given our opinions, but the case seems so very clear to us all, that we have no reason for " The writ by which the• Lord Mayor is now brought before us,- is a Habeas Corpus, at Common Law.—This is a writ by which' the suhje& 'has a right of remedy to be discharged out of custody, if he hath been committed, and 'is detained contrary to law; therefore the Court must,consider whether the authority committing is a legal authority. If the commitment is made by those who have autho rity' to commit, this . Court cannot discharge or bail the party committed ; nor can this Court admit to bail - one charged or committed in execu tion.'' " Whether - the authority committing the, Lord Mayor is t l legal authority or not, must be.adjudged by the return of the writ now before the Court : the return states the commitment to be by the House of Con'imons, for a Breach of Privilege, which is also stated in the return." In order to see whether that House has auihp rity to commit, see Co. 4. Inst. 23a Such an as- - . • • CA-LE JOALS, and SLR FRANCIS BURDETT. : sernbly must certainly have such anthority,•and.it-is , 1 -legal becanse necessary., Lord Coke Says, they have The present question relative to the power of the 1 a Je:licial poWer.; each Mernhee has a judicial seat .House of Commons to commit Gale Jones and in the House ; he speaks of matters of judicature of Sir Francis Burdett, having, in the opinion of many the•House of Commons, 4 Inst. 23. The House of of our readers, been greatly misrepresented and MIS- 1 Commons without doubt have power to commit understood, it may be proper in - us, to refer all per- I persons examined at their bar touching eleetions, sons, who are desirous of authentic inforthation on when they prevaricate, or speak falsely; so they ,the subjea, 'to the four great cases in which the ' have for Breach of Privilege ; so they-have in many ... Courts of King's Bench and C o m mon Pl eas • have , other eases. ' ... . . repeatedly, and uniformly, recognized and admitt e d !' “ThomaS Long gave the Mayor of Westbury 41. the power of the House of Commons, as well as to be elected a burgess ; he was elected, and the the House of Lords, to commit for contempt, or Mayor was fined and iMprisoned, and Long *re breach of privilege : . i moved. - 4 "Arthur Hall, a Member, .was sent t o th e Ist. The Earl of Shaft s tury's Case.-1. Modern Reports, 144. • Tower for publishin g the,Conferences of the House, , ' 4 Inst. 23. This power of committing . must be In this case, the of Shaftsbury, who had been Commons, from the very • • ' - •- Committed to the Tower in 1676 ; by the House of ,inherent in the House of nature of institution, and therefore is part of the Lords, for "an 'high contempt against that House," L of its , Law the Land; they certainly always could corns was brought by . Habeas Corpus before the Court of -• • wit in many cases ; in matters of elections, they can King's Bench, and demanded to be discharged. But commit Sheriffs, Mayors, Officers, Wiinses, &c, the Court unanimously decided " that they had no jurisdiction of the matt e r, and th e r e f or e th e E ar l and it i s now agreed that they can commit g en e ra lly ought to be remanded." for all contein 2 ts. All C o ntempt s are either punish -I.able in the Court c e nte tu n e d, or in some higher And he was remanded, accordingy. , Court; now the Parliament has no superior Court, edly. The Case .(if Ray and. Others.--2. Lord therefore the cootemptS 6gaipst either House can Raym o nd's Reports, 1105. 'f only bepunishe.d by themselves. The stat. I Jac: 1. In this case, John Paty and others, had been cap. i 3. sect 3. suitciently proves that they have committed in 1704, by the House of Commons, 14ower•to punish; it is in these words, Viz.—` Pro ". for commencing, ard prosecuting an action at vided always, that this a6l, or any thing therein common law against the late Constables of Ayles- contained, shall not extend to the diminishing of ally bdry, for not allowing Paty's vote in the elec- punishment tO be hereafter, by censure in , Parlia tion of Members to serve in Parliament, contrary to went, inflicted upon - any person, which hereafter the declaration, in high fr contempt of the jurisdiction shall make, or procure to be Made' any such arrest and in breaCh of the know;il privileges 'of- this as aforesaid.! So that it is most clear, the Legisla- House." tore hate recognized.:this poWer of the House of , , . The prisoners were brought by Habeas CorpuS COmmons. -./ • before the Court of King's Bench, and demanded to "In the 'case of the Aylesbury men, the Counsel be discharged. • . .- . admitted, Lord Chief Justice Holt owned, an:l the The Court decided, that the prisoners should be House of Lords acknowledged, that the House of remanded, for that " they could nor judge of - the . Commons bad pOwer to commit for Contempt, and privileges of the House of Commons, which was a Breach of Privilege. Iticleed it seems to •y Must superior Court." _ _ _ ,- • have power to commit for any crime, beeaus, they ___. . . have power to impeach 1m any crime. When the House of. Commons adj,:,ge any thing to be a con • tempt, or a 'Breach cif Privilege; their aJjudication is a convidion, and their comininurnt in conseq.;ence is execution ; and no Court can discharge or bail, a person that is in execution by the judgment of any other Court. The House of CoMmons, therefore, having an authority to commit, and . Ott- comtnif ment being an execution,• the question is, what can this Court do? &Lean do nothing, when.a person is . 'in execution, by the judgMent - of a Court having. a competent jurisdiction; in-such case.this Court isliot a Court of appeal,' • .r • "As for the present 'case, I am perfealy satisfied thst if Lord Holt himself were to have determined , it, the Lord Mayor-wOuldbe remanded. : In the case ! of Mr. Murray, the Judges could not hesitate ',con ', cerning the contempt by a man who refused to _re ceive his sentence in 'a proper posture : All the Judgei agreed that he mu; be remanded, because he was committed by a Court having competent jurisdiction. Courts' of Justice hare no cognizance of the axis of thellouse of Parliament. I have the rnost perfea satisfaaion in 'my own mind in that dF,termination. Sir Martin . Wright, who felt a generous-and distin guished warmth for the liberty of the subjea ; Mr. Justice DeViison, who was so free -.from connexions and ambition of every kind, and Mr. Justice Foster, who 'may be truly called the Magda Charta of li• bertv of persons, as well as fortunes, all these .re vered Judges concurred in this point ; I am, there- fore, clearly and with full satisfaCtion of opinion that the Lord Mayor must be remanded." , Mr. Justice Gould said, " I entirely concur in opinion with my Lord Chief Justice, that this Court bath no cognizance of Contenlpts or Breach of Pri vilege of the House of Commons ; they are the only judges of their own -privileges." • Mr. Justice Blackstone said, "I concur in opi nion that we cannot discharge the Lord Mayor ; the present case is of great importance, because the li berty of the. subject is 'materially ebncerned. The House of Commons is a supreme Court, and they are judges of their own, privileges and contempts, more especially with respect to their own Members. Here is a Member - committed ,fitexecution by the judgment of his own. House. All Courts, by which I mean to include the two Houses of Parliament, and Courts of Westminster-Hall, can have no controul in matters of contempt. The sole adjudication of contempts, and the punislunent thereof in any manner, belongs exclusively and without interfering to each respective Court.. Infinite confusion and disorder:would follow, if Courts could by a Writ of Habeas Corpus, examine and doe' mine the con tempts of others. • This power to commit results front the first principles of justice ;' for if they have power to decide, they ought to have power to punish; ne other Court shall scan the judgment of a superior Court, or the principal seat of ,justice ; as I said be fore, ft would occasion the utmost confusion, if every Court of this 1 - Tall should have poWer to ex amine the commitments Of the other Courts of the Hall, for contempts ; so that the judgment and com mitment of each respeelive Court as to contempts, must be final,. 2nd without controul. It is a deuce that may - with perfeCt safety and security be reposed in the Judges, and the Houses ofParliamenr. The Legislative since the'Revolution (See 9 and W. 3, c. 15.) have created many new coniempts.— The objeaions whiCh are brought of abusive conse quence prove too much, because they are applicable to all Courts of derniel resort ; et ab abusu adusum non valet consequentia, is a maxim of law as well as of logic. General convenience must always out weigh partial inconvenience; even supposing (which in my conscience I am far from supposing) that in the present case the House has abused its power.— I know, and am sure that the House of Commons are both able aed well inclined to do justice. How prepostsrous is the present• murmur and complaint ; the House of Commons 'have this power only in Common with all the Courts of Westminster-Hall t and if any persons may be safely trusted wiih this power, they must surely be the Commons, who are chosen by the people; for their privileges and powers are the privileges and powers of the people. There is great fallacy in My brother Glynn's whole argument, when he makes the question to be, whe ther the House hale aeled ,according to their rights or not ? Can any good man think of involving 'the LONDON: Printed by , RI CHARD HARRIS, of No. 4, Martiett.cowt, Bow -street; and-l'ublished by WI LLIAM A R MIG E R SCRIP-PS, South MO At the BuN.OFFiog, No. 1 12, Strand, where Advertisements, Orders for the . 1' Gper, Letters for the Editor, &c. (post-paid), • Judges-in i,contest ufiih eittei.:Ho.64e df r Partaniert,t; or with one another? And yet this mannei•bf put' ting the, question would produce such a contest.-77 The House of .Commons is the only judgepfits 0411 proceedings. , Holt differed from the °thee •itidgisi" ) this point, but we must be governed by the eleven , and,not by the single one... It. is a right inherent .t supreme Courts .; the House of Commons have always exercised it. Little, nice. objetli ,Jls of par" - cular s;ords and forms, and ceremonies of .execuf Hon,. are'not to fie regarded in the ails of the lious of Commons ;.'it is our dki.ty to presume, the orde!i of that . HouSe, and their ex, cution, ate accordnig to law. The Habeas Corpus, in 11.1nrray's -case wai common law: I concur entir e ly with my Lord CLIO . Justice." • Mr, Justice Nares declared ;his entire concurrenc 6 with the other . Judges. The Lord Mayor was remanded to the Tower Yesterday Mt. ARTHUR YOUNG'S 4th ScientiOc. Lecture, on the Quality and Application of times, was read to a numerous Board of Agriculture -p, The Persian Ambassador wirsreviously introduce a to the *President and Mei: bers _of 'the - Boar 4!, ac 7 companied : by Sir G.OHSELEY • after which cellency was unanimously elected an .HonorYY. Foreign MemGer of the Board, and Sir G.'Ousnt , c' t was alterwardS balloted for, and elected an 1101 -0 ' aty Member also. He inspected the Models of 1 0 7 struments with the Board, and was paiticularlyttuc ic with one of a Threshing Mill, a inc simile of was ordered to be made for him. His Excellencl expressed. ISimself highly pleased with the at tei3loci thus paid to him, ,and informed the President, through Sir G-OUSELEY, that - it wool,' give him the greatest pleasure•to transmit from Persia any - see d . s . or plants that the - Board might deem worthy 111 ' 4 ace. ptance. Before the risit gof the Board, theYte" sident pres-ented the Gold Medals that u ere voted tt) - Sir CHARLES BUiCRELL, Ban, M. P, rod Mr. DO c.)t , asE, M. P. to the former for hi 4 , detailed count of the Adtahtaks 3R tof the latter for his Memoir tin the Improv.'ice:it Wastes. • An Italian chemist has discover_ d a livid wb inst.mtaneously extinguishes fire. T. e foil, w. ll ;' exp , riments were public ry made with it at - Vet Some ro.in and oil were, set fire to, and 5c.:11 0 .4 had a few drops of this liquid: been potared on 0 31 flame; when it.' immediately' disappeared, leo-alg : behind not the least ir.:.ce of fire. :Billets of wo o 4, besmeared with pitch and rosin, and attenvdr d : dipped in this liquid; 'resi,ted the adion of the hot' test lire, to which they were. exposed' for scvcr 3 hours. The inventor affirms, that a few appltp., 6 ° [ls of 'this composition to wood work' would. preserr e . it from all danger of fire.' The body of a middle-aged ..woman was picked floating on Sunday near Bla c kfri ai s 7 b r id ge , and. tho same owned yesterday mottling.. Her Itarnle is Manders, and she had left her situation, - as tejcher ;, t a lady's seminary in .St. James's ..abotit a i e rrnig" since, which time the body had probably been 4 1111° water. , • • • Yesterday afternoon the carriage of Mr. Motilli ) g" . of Cornm-street, was overturned by one of Ow 10 1) : western Coaches a short distance from 'Hyde corner, and the coachman, whose name was Hintic c i , • was killed upon the spot by a f rac t ure o f t h e 11' 41 • 'aga . inst a flag-Stone. Two ladies in the carriage cs‘. gaped unhurt.,. Mi r .)111P AV6 • GRAVESEND, MAI Zg. • Arrived —the Fairy, Nicholls, front P,ilermo; St. Chris'.; ,topher ()piphion, Aran, trom Spain ; Ell en , W ats on, t . ' °l/1 Bahia ; and the St. Michael, —, from Varcl. Sailed—the Tyne. Brooks, and Earl -Spencer, fleiniligsl for India ;. and the Fame, Parish, for Cadiz. II IR I 11, • , On the tstit inst. the Lady of Maj o r , Hay, of the ' BOl • Dragoons, of a Son: On the 24th inv. the Lady of Lieutentk-Colonel M c "„ l i tague W ynyard; Coldstream Regiment of Foot (3 ua:d s, •' twins. - ' • t On Friday last, the Lady of Tipping Rigby, I' sq • a C lia ham.place, hlackfriars; o f a S on . On - Sunday morning, Mrs. T. 11. Budd, of Bedf9ril•t oot. Bloomsbury, of a Son. - Yesterday morning, in Bentinck.street the• Lady C harlo tt6 Howard, of a I , aughter. ... . _......-• • vAnir/i•D. On Monday last, at Mary-le. bonne• Church, Captain << it' Ham Fisher,' It. N. of His Majesty's ship Raicoorse. Hizaheth, second daughter of the late lames ;:iv,.:tt Car " 3 " Esq. Member of Council in Bombay. - otis Yesterday, at St. Martin's jn the Fields, AL I " - o r tus Cott, Esq. son of the lite Sir Henry Thoin,4 Gott, o f - . Newland Park, Bucks, to Miss, Beailey, only.tlaughter Charles Beazley, Esq. of Wi itehall, Westminster. o f The same day, at Wandsworth, •lohn Heyman, Esc' , • Montague-street, Russell-square, elde s t sc.n'ot Henry man, Esq. of Queen square, to M'iss M a ry Ann (olUisol of East-hill, IVandSworth. o' Co y On Thursday the lath inst. Dr. Cr; , ssien; jun. of h „. • gleton, in Cheshire, to Lucy- Anna, daughtef of I. 'Esq. of Alvecote-Hall, Warwickshire. On. Thursday last, at St. tides's Church, Reining. , antler Blake, Esq. of St. lames's.street, London, fci, AnhOvey, second daughter of.f homas Ovey, Esq. ct Ream it*. .. 64. On Saturday, Mr.' losepli . GriffithS, of Francis.str,,, , Pedford-square, to Miss Yowls, of CanterbOry.square, So" ." ' wark. . • • . v. / N' este r d a y sennight, at Doncaster, Major- Ger eral IN' ne • to Mrs, Sncyd, widow of Captain Sneyd, of the R•.val l'ld v i ,,,. ; and.daughter of G. C. Yarborough, Esq. of Strtt - horl'" near Doncaster. ,„, At Plymouth, Capta'n Senhouse, 'f the Royal Navy t ,"/ ! Miss. Manley„ daughter of Julni Manley, El,q, Vice- Adsl ir • of the Blue. On the 2ist inst. at.,Etlinburgh, Lieutenant Colonel —Al' , c ,• ander Mac C; re p ,;or Murray, of the•e.tft ReAimellt of r00t.,,... the Right• Hon. La:ly Charlotte Ann Sinclair," second datiti" ter of the Earl of Caithness. • . ~. . • - • „, - On the 24th inst. at I lolywell, Lieutenant William. l'!"1 - i: of His Majesty's .49th Repnent, to Catherine, only do'gr ter of the late 'P. Cawley. F.3q. of Friars, Chest,r. ' . ' .. Mit!) • On Tuesday the 22(1 inst. at Wellington, of an iiala u ' l , as , tibn on his lungs, in the 48th year of his age, Richarct c.: l 'W„ , Esq. of Northanton. Hall, near LanthWell,. Major in ' Nottinghamshire Militia. 1,1r,f, On Wednesday' last, Mrs. Sarah Twallin; wife of i lames'Twallin, orthe Belle Sauvag? Ludgate hill. On ,Friday the 25tli inst. at AVinsla ' de-floh,:e, ti,ar Exet er ' . Edward ,Cotstord, Esq. in the Both year of his age. - ile ' -On Saturday last. Mrs. Elizabeth Tomlins, widow ;I , ' t late,Mr. Thomas Tomlins, of Edgware-road, a,;cd 7 6 years: i , On Monday, at his house 'n 'fhornhaugh streer, BetPo_,`, square, Dr. Patrick IN;ory, formerly in the East-India C oi ' .'. pang's service. - , isc On Monday the t4lll inst. at an advanced age, at the 11° ' is of Philip Hayden, Esq. Henry Hayden, Esq for many Y e ' - a Banker in Waterford. . ; faol At Theobald's Grove, the seat of Mrs'. Barnett, the 01 t soh of George Barnett, Esq. of Wimpole-street, aged atO twelveh, Lately, • Charlotte Amelia, the infant daughter of i°'" Yates, Esq. BarriSter at Law. * . _ .~~~~ ton .1t ree f roFvenor sq kF re. oast be addressed. 1 f I cif , 't.7 ~~ L o, kv, 4 qe : ab, v %,, l'hn